                                 CODE OF VIRGINIA

MEASURE OF JUST COMPENSATION; OATHS OF MEMBERS OF BODY DETERMINING JUST
COMPENSATION (§ 25.1-230)

A. The body determining just compensation shall ascertain (i) the value of the
property to be taken and (ii) the damages, if any, that may accrue to the
residue beyond the specific enhancement in value, if any, to such residue caused
by the taking and public use of the property for which it is condemned. Such
enhancement in value shall not be offset against the value of the property
taken, and if such enhancement in value exceeds the damages, there shall be no
recovery against the landowner for such excess.
			In determining the market value of the property before the taking, the body
determining just compensation may consider everything a buyer and seller in the
marketplace would reasonably consider, but may not consider any increase or
decrease in the fair market value of the property caused by the public use for
which the property is being acquired, or by the likelihood that the property
would be acquired for such public use, other than that due to physical
deterioration within the reasonable control of the owner.
			In determining the market value of the residue after the taking, the body
determining just compensation may consider everything a buyer and seller in the
marketplace would reasonably consider, including the public use for which the
property is being acquired, but may not consider any general enhancement the
residue experiences in common with surrounding properties as a result of the
public use.
			Nothing in this subsection shall make evidence of tax assessments admissible
as proof of value in an eminent domain proceeding.

B. Before executing their duties, each member of the body determining just
compensation shall take an oath before an officer authorized by the laws of the
Commonwealth to administer an oath that he will faithfully and impartially
ascertain the amount of just compensation to which a party is entitled.

HISTORY: Code 1919, §§ 4366, 4367; 1928, p. 334; 1948, p. 168; Code 1950, §§
25-12, 25-16; 1962, c. 426, § 25-46.20; 1968, c. 535; 1973, c. 510; 1974, c.
625; 1975, c. 551; 1991, c. 520; 1993, c. 906; 1997, c. 58; 2000, c. 1029; 2003,
c. 940; 2019, c. 788.